she marries a minor. The guardianship of a male ward continues after his marriage as to his estate, but not as to his person. Read 1 Bl. Comm., pp. 463, 464. 2 Kent Comm., Lect. xxx, pp. 225, 226; Lect. xxxi, p. 233. Reeve Dom. Rel., pp. 327, 328. Schouler Dom. Rel., pp. 423-426, 518, 519. CHAPTER XVI. OF THE RIGHTS ARISING OUT OF THE RELATION OF MASTER AND SERVANT. § 203. Of Master and Servant. The relation of master and servant is practically the most important known to our law. A master is one who has a legal right of authority over another, by virtue of a contract subsisting between them. A servant is one who, by virtue of such contract, is subjected to authority. Read 1 Bl. Comm., pp. 422–425. 2 Kent Comm., Lect. xxxii, pp. 248, 258. Schouler Dom. Rel., pp. 599, 606–612. § 204. Of Apprentices. Servants are of two kinds: Apprentices and Hired Servants. An apprentice is one who is bound out to a master, to learn some art or trade. When the person so bound out is an infant, the contract with the master must generally be made by the parent or guardian, with the consent of the infant, though there are cases in which an infant can bind himself. An apprenticeship can be created only by a deed, to which the infant is a party, and ceases at the death of the master, or on the arrival of the apprentice at the age mentioned in the deed. It may also be determined by the decree of a competent court, or by a deed in which the parties mutually release each other. During the continuance of the apprenticeship, the master has the control of the person of the apprentice, and may command his time and labor to any extent within the terms of the contract. All results of the services rendered by the apprentice, whether with or without the master's consent, also belong to the master. But the master cannot assign to another his rights over the apprentice, nor send him abroad, nor employ him in labor not contemplated by the contract. The apprentice, on his part, has a right to be supported and instructed by his master, in the manner specified in the deed. Although the master cannot assign his rights to another, yet the contract, as a whole, may be assigned by consent of all parties, and a new master thus be substituted for the old. Read 1 Bl. Comm., pp. 426–428. 2 Kent Comm., Lect. xxxii, pp. 261–266. § 205. Of Hired Servants. A hired servant is one who enters into the service of another, under a contract to render certain specific services in consideration of the payment of certain wages. The master has a right to the obedience of such servant, in all matters within the scope of the contract, and may have redress at law, against the servant, for any negligence or misfeasance of which he may be guilty. Such servant has a right to continue in the employment of the master during the time for which he was hired, and to receive the wages, or recompense, which the contract of service provides. The master is bound by the acts of his hired servant within the scope of his authority, and is liable for the injuries committed by him when in pursuit of the master's business. The relation, between the mas ter and the hired servant, may be terminated by the death of the master, by mutual consent, or by the completion of the term of service. Read 1 Bl. Comm., pp. 428-432. 2 Kent Comm., Lect. xxxii, pp. 258–261. 1 Pars. Cont., B. i, Ch. v. 2 Pars. Cont., B. iii, Ch. viii, Sec. 1. Reeve Dom. Rel., pp. 356-373, 377. Schouler Dom. Rel., pp. 606-627, 633–647. § 206. Of Menials. Hired servants are of three kinds: Menials; Day-laborers; and Agents. A menial is one who dwells in the household of the master, and is employed about domestic concerns, under a contract, express or implied, to continue in service for a certain time. A day-laborer is one who is hired upon occasion, to continue in service while occasion serves. An agent is one who is employed to transact business for, and in the stead of, another. Read 1 Bl. Comm., pp. 425, 427. Reeve Dom. Rel., p. 347. Schouler Dom. Rel., pp. 600, 608, 609. § 207. Of Agents. Agents may be divided into four classes: Agents commonly so called; Factors and Brokers; Auctioneers; and Attorneys. Agents commonly so called include clerks, salesmen, and others, whose services are devoted for the time being to the business of one master. These are governed by the ordinary rules which control the relation of master and servant. Read 2 Kent Comm., Lect. xli, pp. 612, 617, 618. Reeve Dom. Rel., pp. 347, 348. § 208. Of Factors and Brokers. A factor or broker is one who is employed in the management of mercantile affairs, and usually acts for a number of persons at the same time. He is bound entirely by his instructions, and is liable for any negligence, want of punctuality, breach of orders or fraud. He has a lien on the goods of his principal for his commission, but cannot pawn them so as to deprive the owner of his property therein. Read 2 Kent Comm., Lect. xli, pp. 622–628, 640. 1 Pars. Cont., B. i, Ch. iv. Reeve Dom. Rel., pp. 348–351. § 209. Of Auctioneers. An auctioneer is one who is employed to sell the goods of another to the highest bidder. He is the agent of both vendor and vendee. He is liable to the vendor for any negligence in the discharge of his duty, and for any credit he gives to the vendee. When he does not disclose the name of the vendor, he is liable to the vendee as if he were himself the vendor. He has a right to charge a commission for his services, and has a lien on the goods therefor. Read 2 Kent Comm., Lect. xxxix, pp. 536-540. § 210. Of Attorneys in Fact. HENDERT BREED. An attorney is one who is appointed to do a thing in the name of another. Attorneys are of two kinds: Attorneys in fact, and Attorneys at law. An attorney in fact is one who is appointed by some special act for some special purpose. Any person of sufficient understanding may |